Expert Witnesses and Negligence

December 7, 2015

 

MC -

                                       Expert Witnesses and Negligence

A judgement for the plaintiff in a negligence case could become a financially crippling ordeal for a defendant, and a plaintiff who fails to prove their case might become saddled with debts they will find difficult to overcome.  There are many different aspects of a negligence case, such as a snow and ice slip and fall lawsuit for example, that need to be proven in order for the judge to make a decision. An expert witness can provide plaintiffs and defendants with the environmental evidence they need to either explain or to dismiss accusations of harm.  

 

Plaintiffs and the Four Areas of Proof

An expert witness is someone who possesses the appropriate credentials, such as certification, education, and experience that make them credible enough to provide his or her opinion about liability cases, based on the facts.  Employee plaintiffs in workplace slip and fall lawsuits for example, were compensated 2.17 B in 2012, according to Denise Johnson of Claims Journal.com. In order to win a snow and ice slip and fall case, a victim will need to prove four things, states Jessica Tran legal writer at LegalMatch.com.  (1) The dangerous condition of property. Victims will need photographs and others indicators proving the deficient state of the property, and an expert witness is important to this first step, since they will be able to explain the technical details of the site to the court. (2) The owner’s responsibility and fault in the incident. Depending on the circumstances, an expert can help to determine if it is more or less plausible that the owner would have known about the condition beforehand, and may be able to provide a corresponding timeline. (3) Prove injury. If a victim has been injured, they should visit a doctor immediately after the incident to get proof. A snow and ice slip and fall expert witness for instance, will also be able to provide evidence linking the physical condition of the site with the resulting injuries. (4)  Show financial losses. The victim must keep track of their financial losses and related expenses in order to obtain compensation.

 

Defendent and Attorney Reliance on Expert Witnesses

Entities such as property management companies can cause landowners to be sued if they neglect to properly repair and maintenance a property, fail to keep tenants safe, or do not notify tenants of unsafe conditions, as part of the Theory of Premise, according to Taelonnda Sewell legal writer. Defendants can most competently aid in their defense with the help of an expert witness, who may be able to win liability lawsuits if they are able to show, (1) Comparative negligence; the plaintiff was themselves negligent before, during, or after the accident, and would result in a reduction of the damages. (2) Contributory negligence; if the plaintiff was responsible for the accident in any way, or (3) Assumption of the risk; the plaintiff was aware of the risks, having been notified, and willingly entered into a dangerous hazard.

 

MT - 60 characters Jeremy Swenson - snow and ice slip and fall expert witness.

 

MD – 162 characters Jeremy Swenson is a CSP Certified Snow Professional, who offers consulting for snow and ice slip and fall and expert witness services. Take control of your case!

 

-m.wilson

 

 

 

Tags - expert witness; snow expert; fall expert; fall witness; ice slip and fall; negligence defense; negligence cases; 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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